The Philippines: Proposed amendments to the IP Code

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

The Philippines: Proposed amendments to the IP Code

On December 22 2017, the Intellectual Property Office of the Philippines (IPOPHL) published its proposed amendments to the IP Code (Republic Act No. 8293), just before it closed shop for the Christmas break, notifying the public to give their comments and informing it that the amendments shall be forwarded to the Philippine Congress this January 2018. Some of the major amendments are as follows:

1) Clarifying and expanding the functions and powers of the Bureau of Legal Affairs (BLA) which is the adjudication arm of the IPOPHL to include: (a) declaration of marks as well-known, including revocation of said declarations, (b) declaration as true and actual inventor, (c) declaration of ownership or having the right to intellectual property, (d) having original and exclusive jurisdiction over administrative complaints for violation of intellectual property laws, (e) awarding of damages;

2) Replacing the Documentation, Information and Technology Transfer Bureau with two new bureaus: (a) the Bureau of Innovation and Business Development, (b) creating the IP Academy;

3) Allowing parallel applications or the filing of two patent applications for the same subject as an invention patent application, and a utility model application within one year from the filing of the first application, which applications shall be processed independently. However, once, the invention patent application has been granted, the utility model registration shall be automatically cancelled, and the letters patent shall be issued;

4) Allowing parts or components of products or handicrafts as subject of industrial design registrations;

5) Giving power to the Director General of the IPOPHL to grant compulsory license to exploit a patented invention even without the agreement of the patent owner;

6) Removing the requirement that a mark has to be visible to be registrable, giving way to possibly including scent or sound marks;

7) Allowing the registration of series of marks, and certification marks.

There are other amendments touching on the organisation of the IPOPHL itself, and also on the other aspects of intellectual property law. Some of the proposed amendments are subject to further modifications, according to the IPOPHL.

Hechanova

Editha R Hechanova


Hechanova & Co., Inc.Salustiana D. Ty Tower104 Paseo de Roxas AvenueMakati City 1229, PhilippinesTel: (63) 2 812-6561Fax: (63) 2 888-4290editharh@hechanova.com.ph 

www.hechanova.com.ph

more from across site and SHARED ros bottom lb

More from across our site

François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Gift this article